relocation of children

Cases involving the relocation of children have been described by the Chief Justice of the Family Court as being "not a problem to be solved, but rather a dilemma to which there is no clear solution". The Court must make decisions regarding whether or not to allow children to relocate after divorce or separation.

The factors the Court takes into account are many and the law is continually developing to react to changes in society. The other aspect about cases involving the relocation of children is that they can be very difficult to resolve because there is no middle ground. The relocation of the children is either allowed to occur or it is not.

If you are considering relocating with your children or have been told that your former spouse is considering relocating with the children, we suggest that you contact us to speak to one of our solicitors for an obligation free consultation. You will not be charged for that appointment if you decide not to proceed.

Please do not hesitate to call us, or send us an email by clicking the appropriate button on the right hand side at the top or bottom of this page.

What to do if you cannot agree about relocation?

If you cannot agree, you can apply to the Court for an order to allow you to relocate. The Court may not grant permission. The test applied by the court is whether or not the relocation is in the best interest of the child.

What if the other party wants to take the children to another place?

If the other party wants to relocate with the children and you do not agree, you can apply for an order to stop the relocation of the children.

How do you apply for an order to relocate or prevent relocation?

You can apply to the Court for such orders. The court will make a decision based on the best interest of the children but may take into consideration factors that will affect the welfare of each of the parents such as employment prospects, family support and the affordability of living in that location because those types of factors can indirectly effect what is in the best interest of the children.

Does it make any difference if the relocation is only between towns, states or overseas?

In essence the same principles apply as to whether or not the relocation is considered to be in the best interest of the children. The Court will take into account the cost and frequency of travel available to see the other parent and in international cases may take into account the ability to recover children in circumstances where the relocating parent does not permit any ordered contact to take place.

where to next?

Taking the next step and contacting a family lawyer can be scary. Our lawyers will make you feel comfortable so you can talk about your situation. But first, ask yourself, Do I really need a lawyer?